Vol. 36 Iss. 22 - June 22, 2020

Regulations for Licensure of Abortion Facilities
Withdrawal of Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health has WITHDRAWN the Notice of Intended Regulatory Action for 12VAC5-412, Regulations for Licensure of Abortion Facilities, which was published in 35:21 VA.R. 2444 June 10, 2019. That NOIRA stated "The purpose of the proposed action is to assess all current regulation content and determine whether it should be amended or retained in its current form." Subsequently, Chapters 898 and 899 of the 2020 Acts of Assembly repealed the statutory provision classifying a facility that performs five or more first-trimester abortions per month as a category of hospital, thereby removing such a facility from the State Board of Health's regulatory authority. Therefore, this action is withdrawn. A separate regulatory action repealing 12VAC5-412 was published in the Virginia Register of Regulations on June 8, 2020 (36:21 VA.R. 2299 June 8, 2020).

Statutory Authority: §§ 32.1-12 and 32.1-127 of the Code of Virginia.

Agency Contact: Rebekah E. Allen, Senior Policy Analyst, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2102,
FAX (804) 527-4502, or email

VA.R. Doc. No. R19-5664; Filed June 2, 2020, 10:35 a.m.